Negotiation
Prepared by: Miss Samah Ishtieh
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Miss Samah Ishtieh
7/31/2017
Out Line
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Introduction
Popular Assumption
Definition
Aim of Negotiation
Negotiation Elements
Criteria of Effective Negotiation
Negotiation Approaches
* Distributive / Competitive
* Principled / Integrative
Miss Samah Ishtieh
7/31/2017
Cont. Out Line
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Before Start Negotiation
Phases of Negotiation
Who is Effective Negotiator
Habits of Merely Effective Negotiators ( Negotiating
Mistakes to Avoid ).
• Mediation
* Mediator
* Mediator's Role
* What Mediators Do Not Do
* Strategies / Tools
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Miss Samah Ishtieh
7/31/2017
Every body negotiates all the time, at work, at
home, and as a consumer. For some it seems
easy, but others view the process of
negotiation as a source of conflict to be
resisted and avoided if possible. If you
negotiate with yourself, one of you is going
to lose."-- Steven P. Cohen 2006
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Miss Samah Ishtieh
7/31/2017
Negotiation
Definition: Is the process of making joint
decisions when the parties involved have
different preferences.
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Miss Samah Ishtieh
7/31/2017
What is Negotiation?
Process of trying to get your needs met by
interacting with someone else also trying to
get their needs met.
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Miss Samah Ishtieh
7/31/2017
Negotiation
• Also its most creative form is similar to
collaboration and in its most poorly
managed form may resemble a competing
approach, it is used as a conflict resolution
strategy.
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Miss Samah Ishtieh
7/31/2017
The Aim Of Negotiation
- is to explore the situation, and to find a
solution that is acceptable to both people.
Negotiation Element:
• Process
• Behavior
• Substance
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Miss Samah Ishtieh
7/31/2017
Criteria for Effective Negotiation
1. Quality
2. Cost
3. Harmony
Negotiation Approaches
 Distributive/ competitive
 Principled integrative
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Miss Samah Ishtieh
7/31/2017
Distributive/ competitive Negotiation
• Focuses on “win-lose” claims made by each
party for certain preferred outcomes.
• Can take competitive form in which one can
gain only if the other loses.
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Miss Samah Ishtieh
7/31/2017
Principled-integrative Negotiation
• Uses a win-win outcomes to reach solutions
acceptable to each party.
• No one should “lose”, and relationships
should be maintained in process.
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Miss Samah Ishtieh
7/31/2017
Rules of Principled Negotiation
• Interest-Based Process.
• Creativity: the heart of problem solving.
• Involves a genuine partnership among the
participants.
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Miss Samah Ishtieh
7/31/2017
Interest Based process: Principled
Negotiation on the merits
Fisher and Ury’s emphasized four principles:
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Separate the people from the problem.
Focus on interests, not positions.
Invent options for mutual gain.
Insist on using objective criteria
Miss Samah Ishtieh
7/31/2017
Separate the people from the problem.
• You are always dealing with people.
• Focus on the future.
• Base the relationship on accurate perceptions, clear
communication, appropriate emotions, and forward
looking outlook.
• When perceptions are inaccurate, look for ways to
educate.
• When emotions run high look for ways to let off
steam.
• Where there is misunderstanding, look for ways to
better communicate.
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Miss Samah Ishtieh
7/31/2017
Focus on interests, not positions
• How do you identify interests? Look behind
positions.
• Ask what is important to them, why it is
important.
• Powerful interests are basic human needs.
Security, economic well-being, recognition,
control over one’s life. Safety, outside
influences.
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Miss Samah Ishtieh
7/31/2017
Invent options for mutual gain
The obstacles:
• Premature judgment
• Searching for the single right answer
• Thinking their problem is their problem
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Miss Samah Ishtieh
7/31/2017
Insist on using objective criteria
• Deciding on the basis of will is costly.
• How about an independent criteria
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Miss Samah Ishtieh
7/31/2017
Before start Negotiation
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Goals
Trading
Alternatives
The relationship
Expected outcomes
The consequences
Power
Possible solutions
Miss Samah Ishtieh
7/31/2017
Phases of Negotiation
1. Preparation/Analysis
2. Planning
3. Discussion
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Miss Samah Ishtieh
7/31/2017
Who is effective negotiator?
• The ability to see the situation as the other side sees it
• Understanding of the negotiating process.
• Feelings are important, recognize and understand
where that person is coming from.
• Focus on win-win.
• Patience
• Willingness to experiment.
• Very creative.
• Be a partner in the solution.
• Keen listening skills.
• Listen actively. Speak for yourself, not them.
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Miss Samah Ishtieh
7/31/2017
Negotiating mistakes to Avoid:
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Neglecting the Other Sides Problems
Letting Price clear other interests
Letting Position Drive Out Interests
Searching Too Hard for Common Ground
Failing to Correct for at an angle Vision
Miss Samah Ishtieh
7/31/2017
Mediation ) ‫( الوساطة‬
• An intervention into a dispute by an acceptable,
impartial, and neutral third party, who has no
authoritative decision-making power, but who assists
the disputing parties in voluntarily reaching their own
mutually acceptable judgment of disputed issues in a
non-adversarial setting.
• The process of having a third party akin to an advocate
best negotiators. Even though they may be advocating
a position of negotiating an agreement in their
interests, it is done in a way that the other participants
feel the mediators working for them.
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Miss Samah Ishtieh
7/31/2017
The mediator Controls the process,
not the outcome!
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Miss Samah Ishtieh
7/31/2017
Mediator’s Role:
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Remain neutral
Build trust
Control interaction
Remain patient
Be diplomatically persistent
Gather information
Identify interests and needs
Generate Options
Facilitate negotiation
Facilitate Communication
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• Act as interpreter
• Clarify needs as opposed
to desires or positions
• Maintain a balance of
power
• Separate the people
from the problem
• Act as an agent of reality
• Identity perceptions
• Remain Non-judgmental
Miss Samah Ishtieh
7/31/2017
What Mediators Do Not Do??
1. Mediators do not guess
2. Mediators do not violate confidentiality.
3. Mediators do not dictate the agreement terms.
4. Mediators do not advocate for weaker participants.
5. Mediators do not impose their values.
6. Mediators do not function as psychologists.
7. Mediators do not give advice, especially legal.
8. Mediators do not make promises they cannot keep.
9. Mediators do not enforce agreements.
10. Mediators do not lose self-control.
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Miss Samah Ishtieh
7/31/2017
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Strategies/Tools
Summarize
Brainstorm
Open-ended Questions
Close-ended Questions
Reality Test
Silence
Translate positions into Needs and Interests
Reflective Listening
Define vague or general terms “Always”/”All
the time”
• Past History of interactions
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Miss Samah Ishtieh
7/31/2017
Strategies/Tools
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Use Diagrams
Break down big issues into little ones
Translate between the parties
Keep parties focused
Use imaginary
Venting/Telling their story
Miss Samah Ishtieh
7/31/2017
Strategies/Tools
• BATNA
Best Alternative To a Negotiated Agreement
The answer of:
What will I do if an agreement can’t be
reached?
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Miss Samah Ishtieh
7/31/2017
Negotiation is a life skill.
One psychiatrist has said that:
Fighting Fires Without Burning Bridges
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Miss Samah Ishtieh
7/31/2017
Negotiating is not a skill that is easily
acquired. It takes time, effort and energy. If
you want to improve your negotiating ability
you must be ready to work at it. Invest the
time learning the dynamics and science of
negotiating. And be prepared to push yourself
out of your comfort zone.
(2007 Kelley Robertson).
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Miss Samah Ishtieh
7/31/2017